Common use of Decision on Review Clause in Contracts

Decision on Review. The decision on review of a claim denied in whole or in part by the Committee shall be made in the following manner: 16.4.1 Within 60 days following receipt by the Committee of the request for review (or within 120 days if special circumstances require an extension of time), the Committee shall notify the claimant in writing of its decision with regard to the claim. In the event of such special circumstances requiring an extension of time, written notice of the extension shall be furnished to the claimant prior to the commencement of the extension. Notwithstanding the foregoing, if the claim relates to a disability determination, the Committee shall notify the claimant of the decision within 45 days (which may be extended for an additional 45 days if required by special circumstances). 16.4.2 With respect to a claim that is denied in whole or in part, the decision on review shall set forth specific reasons for the decision, shall be written in a manner calculated to be understood by the claimant, and shall set forth: (i) the specific reason or reasons for the adverse determination; (ii) specific reference to pertinent Plan provisions on which the adverse determination is based; (iii) a statement that the claimant is entitled to receive, upon request and free of charge, reasonable access to, and copies of, all documents, records, and other information relevant to the claimant’s claim for benefits; and (iv) a statement describing any voluntary appeal procedures offered by the Plan and the claimant’s right to obtain the information about such procedures, as well as a statement of the claimant’s right to bring an action under ERISA section 502(a). 16.4.3 The decision of the Committee shall be final and conclusive.

Decision on Review. The decision on review of a claim denied in whole or in part by the Committee shall Plan Administrator will be made in the following manner: 16.4.1 Within 60 days following receipt by the Committee of the request for review (or within 120 days if special circumstances require an extension of time), the Committee shall will notify the claimant in writing of its decision with regard to the claim. In the event of such special circumstances requiring an extension of time, written notice of the extension shall will be furnished to the claimant prior to the commencement of the extension. Notwithstanding the foregoingforgoing, if the claim relates to a disability determinationParticipant who is Disabled, the Committee shall will notify the claimant of the decision within 45 days (which may be extended for an additional 45 days if required by special circumstances). 16.4.2 With respect to a claim that is denied in whole or in part, the decision on review shall will (i) set forth specific reasons for the decision, shall (ii) will be written in a manner calculated to be understood by the claimant, and shall set forth: (i) iii)will cite specific references to the specific reason or reasons for the adverse determination; (ii) specific reference to pertinent Plan provisions on which the adverse determination decision is based; , (iiiiv) will contain a statement that the claimant is entitled to receive, upon written request and free of charge, reasonable access to, to and copies of, of all documents, records, and other information relevant to the claimant’s claim for benefits; and , and (ivv) a statement describing any voluntary appeal procedures offered by the Plan and the claimant’s right to obtain the information about such procedures, as well as a statement of the claimant’s right to bring an action under ERISA section 502(a). 16.4.3 The decision All decisions of the Committee shall be are final and conclusive.

Decision on Review. The decision on review of a claim denied in whole or in part by the Committee shall be made in the following manner: 16.4.1 Within 60 days following receipt by the Committee of the request for review (or within 120 days if special circumstances require an extension of time), the Committee shall notify the claimant in writing of its decision with regard to the claim. In the event of such special circumstances requiring an extension of time, written notice of the extension shall be furnished to the claimant prior to the commencement of the extension. Notwithstanding the foregoing, if the claim relates to a disability determination, the Committee shall notify the claimant of the decision within 45 days (which may be extended for an additional 45 days if required by special circumstances). 16.4.2 With respect to a claim that is denied in whole or in part, the decision on review shall set forth specific reasons for the decision, shall be written in a manner calculated to be understood by the claimant, and shall set forth: (i) the specific reason or reasons for the adverse determination; (ii) specific reference to pertinent Plan provisions on which the adverse determination is based; (iii) a statement that the claimant is entitled to receive, upon request and free of charge, reasonable access to, and copies of, all documents, records, and other information relevant to the claimant’s 's claim for benefits; and (iv) a statement describing any voluntary appeal procedures offered by the Plan and the claimant’s 's right to obtain the information about such procedures, as well as a statement of the claimant’s 's right to bring an action under ERISA section 502(a). 16.4.3 The decision of the Committee shall be final and conclusive.